...parts. First, I criticize the existing approaches for not optimally serving what I identify to be the four policies which a rule determining LGAA should serve: (1) vindicating party intent,...
Search Results for : Limits to Party Autonomy
...and thereby converted into something of value, or it is refused enforcement and the winning party’s damages (and costs and time and trouble) go uncompensated. Thus, it is not enough...
The Enforcement of Foreign Arbitral Awards in Russia: An Analysis ...
...an award challenged on the grounds that the arbitrator had, against one party’s request, conducted the arbitral proceeding without an evidentiary hearing.1 In addition, extrinsic evidence submitted had been rejected...
Oral Presentation of Evidence and the Application of the Parol ...
...the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”), recognition and enforcement of an arbitration award may be denied if the opposing party can prove that s/he...
The Due Process Defense to Recognition and Enforcement of Foreign ...
Articles Commercial Multi-Party Arbitration: A Case-by-Case Approach Andreas Austmann Developing Views on What Constitutes a “Foreign Arbitration Agreement” and a “Foreign Award” Under the New York Convention Lawrence F. Ebb...
Volume 1: Issue 3 (October 1990)
...third party whose competence is unchallenged, a role most commonly played by the judiciary. Download Full PDF *Notes & Comments **Abrogado, Lecturer of Procedural Law at University Pompeu Fabra (Barcelona);...
Spanish Perspectives on the Doctrines of Kompetenz-Kompetenz and Separability: A ...
...usually resolve their controversies directly with the other party or using a professional negotiator. By analyzing the dispute, creating an appropriate bargaining strategy, and engaging in good faith bargaining, most...
Arbitration and Other Forms of Alternative Dispute Resolution – General ...
...$100,000,000 per side of a patent infringement suit that took over 12 years to dispose of, if I recall correctly. — Each party’s budget being off by substantially over $50,000,000....
Why ADR? Booby Traps in Arbitration Practice and How to ...
...of Parties Description: I. INTRODUCTION Arbitration costs — “procedural” (arbitrator fees and expenses and administrative fees) and “party” (attorneys’ and experts’ fees and expenses) — are on the rise in...
Cost Awards in International Commercial Arbitration: Proposed Guidelines for Promoting ...
...or one party terminates or defaults on the contract. While these disputes are usually settled, occasionally, they end up in arbitration. Download Full PDF *Ms. Meredith chairs the Space Law...
Commercial Satellite Contract Arbitration: Special Legal Considerations – Vol. 24 ...
...Law Expert George A. Bermann Costs in ICC Arbitration: A Practitioner’s View Michal Bühler Living with the Party-Appointed Arbitrator: Judicial Confusion, Ethical Codes and Practical Advice James H. Carter Laying...
Volume 3: Issue 1–4 (December 1992)
...dispute resolution methods are available to whom? What are the differences among the different types of arbitration? Which procedure should an investor choose? Should a state become a party to...